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(영문) 광주지방법원 순천지원 2020.05.27 2019고단2888
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who has received a notice of enlistment in active duty service or of a call-up shall refuse to enlist in the military or respond to a call-up within three days from the date of enlistment or call-up without justifiable grounds.

On August 27, 2019, the Defendant, as a person subject to enlistment in active service, failed to respond to the call without justifiable grounds by the date three days after the date of the call, even though he directly received a notice of enlistment in active service under the name of the director of the regional military manpower office in Gwangju District Military Manpower Office to enlist in the Army Training Center located in 09:36, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on September 30, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The list of those to be enlisted in active duty service, and detailed information of delivery and search;

1. Application of Acts and subordinate statutes to a written accusation or a written accusation;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., the fact that the notice of enlistment is recognized and that such notice is an initial offender who has no past criminal record);

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